SCOTTISH PAY REFERENCE AND IMPLEMENTATION GROUP
AGENDA FOR CHANGE
Implementation Guidance Letter No. 1
Extended Guidance for Managers, HR staff and Trades Unions Representatives
The Scottish Pay Reference and Implementation Group (SPRIG) acknowledge the considerable contribution and effort that staff have already given in preparation for the implementation of the Agenda for Change (AfC) agreement. We would like to convey our thanks to all staff for the contribution made to date and for the on-going work that will be required as we work through the various stages to final assimilation of AfC.
There are clearly still a number of important outstanding implementation issues and this extended guidance is intended to clarify some of the issues that have arisen as a result of the implementation of the first stages of thisnew pay system.
An Implementation Guidance Letter has been issued to all staff and it is anticipated that further letters will be issued as developments take place and issues arise. The letter to staff contains information on the application of the new overtime rates, payment of unsocial hours during periods of sick leave and information on the availability of the new on-call provisions for staff who will benefit from these.
This extended guidance includes information on the following:
Annex A - Hours of Work for Existing Staff and New Employees
Annex B - Application of new overtime rates
Annex C - New Annual Leave and Public Holiday arrangements including protection
Annex D - Protection of pay and hours of work
Annex E - Payment of Unsocial Hours and On-Call
Annex F - Application of new on-call provisions where appropriate Application of new on-call provisions where appropriate
Annex G - Payment of Unsocial Hours during periods of Sick Leave and Annual Leave
Annex H - Assimilation to New Pay Bands.
SPRIG will continue to produce clarification on issues relating to implementation of AfC as they arise and are also developing draft policies to ensure that implementation of all aspects of AfC are applied consistently across NHSScotland. The first of these policies will cover the payment of recruitment and retention premia across NHSScotland where this is identified as appropriate. Once ratified by the Human Resources Forum, these policies will form part of the new Terms and Conditions of Service Handbook for Scotland.
Full details of the new terms and conditions of service in additional to other useful guidance on Agenda for Change can be obtained from the Pay Modernisation Website –
Annex A .Hours of Work for Existing Staff and New Employees
Existing Staff
With effect from 1 December 2004 the full time working week will be based on 37.5 hours (excluding meal breaks) for all staff groups.
For staff who currently work more than 37½ hours, excluding meal breaks, there is a two year transitional period during which the new contracted hours will be phased in, as set out in Table 2.1 below. Pro-rata arrangements will apply to part-time staff.
Table A.1 - Assimilation of Working Hours for those Currently Working More than 37½ hours
Current Standard Hours / New Standard HoursUp to 39 / 37½ from 1 December 2004
More than 39, up to 41 / 39 from 1 December 2004
37½ from 1 December 2005
More than 41 / 40½ from 1 December 2004
39 from 1 December 2005
37½ from 1 December 2006
Staff currently working less than 37½ hours, excluding meal breaks, will have their hours protected for a phased protection period as set out in Table 2.2 below. These protection arrangements will continue to apply where staff move to a post with the same hours under the old pay system during the protection period.
Part time staff whose hours of work change under Agenda for Change may opt to either retain the same number of hours they currently work or have their part time hours altered to represent the same percentage of full time hours as is currently the case.
Table A.2 - Assimilation of Working Hours for those Currently Working Less than 37½ hours
Current full-time standard hours / New Standard Hours (Years from 1 December 2004)37 hours /
- Three years on 37 hours
36½ hours /
- Three years on 36½ hours
- One year on 37 hours
36 hours /
- Three years on 36 hours
- Two years on 37 hours
35 hours /
- Four years on 35 hours
- Two years on 36 hours
- One year on 37 hours
33 hours /
- Four years on 33 hours
- Two years on 35 hours
- One year on 37 hours
New full time staff appointed from 1 December will commence on the new 37.5 hours per week.
Annex BApplication of New Overtime Rates
All staff in pay bands 1 to 7 will be eligible for overtime payments. New overtime rates are applicable from 1 October 2004. The rate payable for all is a single rate of time and a half but any overtime undertaken on a public holiday will be paid at double time. Staff who have already worked overtime during the months of October and November will not be expected to pay back any over payments that may have been made during this period.
It has been agreed at UK level by the Executive of the NHS Staff Council that systems can continue to pay current nationally agreed pre-AfC conditions and rates for any period until such time as individuals assimilate onto new AfC pay bands, at which point any overpayment will be offset against arrears of pay, back to 1 December 2004. This will ensure that staff do not receive a cut in income as they await the award of enhanced basic pay.
In effect, staff will continue to receive existing nationally agreed conditions and payments for overtime working but at the point of assimilation the earnings received in the interim period, (*see below) will be compared with the earnings which would have been received on the basis of the salary band to which they are assimilated and as if the other AfC conditions had been applied to them. Where this results in a positive figure under AfC conditions, this positive amount will be returned to the individual members of staff as arrears. Where the comparison of earning pre and post assimilation results in a negative figure the negative amount will not be recovered from the member of staff unless there is some other cause for it other than Agenda for Change. It is important that this is drawn to the attention of staff as soon as possible. A template letter will be issued by SPRIG for staff It is also important staff are reminded of this once notified of their new pay band and prior to assimilations.
*In determining the calculation staff should take into account the following
From 1 October basic pay, any overtime paid at less that double time and allowances and from 1 December 2004 overtime which had been paid at double time.
Staff who are assimilated to pay band 8 or above are not entitled to overtime payments. Payment for any overtime that has been worked by staff who subsequently fall into these pay bands during the transitional period will be offset against any increase in pay at the time of assimilation to the new pay band.
For staff who become eligible for overtime payments under AfC but have not been entitled to overtime payments in the past, arrears of pay in respect of any overtime worked between 1 October 2004 and the date of assimilation to the new pay bands will be made upon assimilation to the new pay band.
Waiting List Initiatives
A number of NHS Boards have been paying enhanced rates for this work for some time, outwith Whitley terms and conditions (and, latterly, outwith AfC terms and conditions). It has been agreed that staff will currently continue to be paid as per local agreements for Waiting List Initiatives. Boards have been advised that they will have to align overtime for Waiting List Initiatives with AfC rates between now and any time up to 30 June 2005. Ian Gordon, Acting Head of the Health Department and Chief Executive of NHSScotland, is writing to all employers separately on this point.
Annex CNew Annual Leave and Public Holiday Arrangements
Annual leave entitlement is based on aggregated NHS Service, ie any time you have worked within the NHS will count – regardless of whether or not you have had a break in service.
There will be 8 Public holidays for full time staff.
Table C.1 - Annual Leave and Public Holiday Allocation
Length of Service / Annual Leave and Public Holiday AllocationOn appointment / 27 days + 8 public holidays
After 5 years service / 29 days + 8 public holidays
After 10 years service / 33 days + 8 public holidays
All of the above entitlements are based on a working day of 7.5 hours and will be applied on a pro-rata basis for part-time staff.
Four of the public holidays have been agreed for NHSScotland. These are 25th and 26th December and 1st and 2nd January. The remaining four days will be agreed in partnership locally by NHS Boards. In addition, where agreed locally in partnership, some or all of these four days may be consolidated into annual leave.
For this year there will be no reduction in the number of public holidays but the new allowances for annual leave will be backdated to 1 October subject to one of the additional days being offset to reflect that the public holidays have not been reduced. For example:
If an employee is entitled to an increase in annual leave for the 6 month period from 1.10.04 to 31.03.04 of 3 days, 1 day will be deducted to reflect the agreement not to reduce public holidays this year and the employee will receive an additional 2 days leave for this period.
It is also recognised that it may not be possible for all employees to take this additional leave before 31 March 2005 and it may be agreed locally to carry forward 50% of any additional leave into the next leave year 2005/06 in addition to the current entitlement to carry forward one week of annual leave.
Any staff who may find that they have a reduced entitlement to annual leave and public holidays will be protected for five years. This protection is based on annual leave plus public holidays and any difference protected.
Annex DProtection of Pay and Hours of Work
Protection of Pay
Staff in post as at 1 October and any new staff appointed prior to assimilation to the new pay bands will be entitled to pay protection if their new pay band under AfC results in a reduced salary. In line with the AfC Agreement, this will be for a period of one year with a pay uplift and on a mark time basis (ie with no annual increment or cost of living increase) until the new AfC salary overtakes the protected salary.
Organisational Change Protection
There have been a number of enquiries regarding the interaction of the protection provisions of Agenda for Change and protection which staff might already receive in line with the NHSScotland Organisational Change Policy. This has been referred to the Terms and Conditions Guidance Group of SPRIG and further guidance will be issued in due course.
Protection of Hours of Work
As detailed in Annex B above there are agreed periods of protection for staff who currently work above or below the new full time hours of work for all staff, ie 37.5. This protection will apply to staff who transfer from one post to another within their own organisation and within other NHSScotland organisations.
Annex E Unsocial Hours and On-Call
Negotiations to agree a new harmonised system for work undertaken out of normal working hours and work arising from on-call will begin across the UK in early 2005. An interim regime has been agreed until the outcome of these negotiations. The final date for the review is 1 April 2006 although staff who opt to retain their current on-call agreements have the right to have these protected for a four year period commencing 1 October 2004.
The interim regime allows for staff to retain current arrangements for carrying out work during unsocial hours or periods of on-call.
Staff employed on Whitley terms and conditions where there is no current provision for unsocial hours payments or equivalent will be entitled to unsocial hours payments on the basis of the rules applicable to Nurses and Midwives. Until the new arrangements are agreed this will entitle staff to receive payments at 30% for work undertaken during unsocial hours with the exception of Sunday working and public holidays which will be paid at 60%.
Annex FApplication of new On-Call Provisions
Under the new pay system, staff groups have a clear choice with regard to on-call payments as follows
Staff groups may retain existing on-call agreement until the outcome of the continuing negotiations in April 2006 or, alternatively, for a period of four years from 1 October 2004, or
Where it is more favourable, move across to the new AfC provisions with immediate effect.
The new provision is based on paying staff an additional percentage on their basic pay for carrying out on-call duties and the percentage payable varies depending on the intensity of on-call. For example, staff who are on-call on a 1:3 basis would receive an additional 9.5% on their hourly rate for every hour that they work. Initially this will be based on the AfC pay bands but until staff are assimilate, payments will be made on their current hourly rate. Any payments resulting from this will be offset using the same principles applied to any payment of overtime rates as explained in Annex C above.
As on-call provisions for nurses and midwives are consistent across Scotland SPRIG has agreed that the new on-call arrangements under AfC should be applied to all nurses and midwives across NHSScotland, backdated to 1 October 2004. There may also be other staff groups who would wish to apply these new provisions.
There will, however, be other groups of staff for whom existing local agreements will continue to apply.
It is therefore recommended that NHSBoards undertake an assessment of all on-call agreements in place to determine whether it will be beneficial for staff to transfer to the new arrangements.
Where staff groups opt to transfer to the new provisions a reference period will have to be agreed to determine the average percentage that should be applied to their basic pay. The average should be calculated over a thirteen week reference period or over the period in which one cycle of the rota is completed, whichever more accurately reflects the normal on-call commitment.
The following table shows percentages payable:
Frequency of On-Call / Value of Supplement as Percentage of Basic Pay1 in 3 or more frequent / 9.5%
1 in 6 or more but less than 1 in 3 / 4.5%
1 in 9 or more but less than 1 in 6 / 3.0%
Between 1 in 12 or more but less than 1 in 9 / 2.0%
Less frequent than 1 in 12 / By local agreement
The percentage to be paid for on-call less frequent than 1 in 12 will be determined by SPRIG for application across NHSScotland.
Annex GPayment of Unsocial Hours during periods of Sick Leave and Annual Leave
Sick Leave
The AfC agreement contains, as part of the interim regime (ie until the new unsocial hours provisions are implemented in April 2006) a provision that entitles staff who work unsocial hours, including on-call, to receive full pay during periods of sick pay. Full pay includes regularly paid supplements including payment for work outside normal hours. Sick pay will be therefore be calculated on the basis of what the individual would have received had he/she been at work.
In order to ensure that staff are paid the appropriate unsocial hours payments while on sick leave reference periods need to be agreed. It is recommended that this reference period should be either a thirteen week period or the period in which one cycle of the rota is completed, whichever most accurately reflects the normal pattern of working.
Annual Leave
Staff who regularly undertake unsocial hours will receive a payment of 11.59% of unsocial hours payments during periods of annual leave.
Annex H Assimilation to New Pay Bands
The job matching or job evaluation process
Systems should now be preparing to begin job matching in line with the timetable agreed by SPRIG.
You will be notified of the outcome of the above process in due course and all new salaries will be backdated to 1 October 2004. SPRIG have agreed to a phased approach to job matching and job evaluation which will take place over the coming months. During this time SPRIG will monitor progress through local networks.